A Method to Obtain an Allodial Title to Your Property

By: Kevin Johnston

An allodial title gives you absolute right to land, without any obligation to any landlord, sovereign or government. If you have allodial title to land, it cannot be seized; no government, agency or bank can place any lien, attachment or encumbrance on land secured by allodial title. You must follow a

specific method for obtaining allodial title to your property. Getting allodial title is sometimes called getting a land patent.

Get Evidence of Your Right to the Land

Obtain a warranty deed, quit claim deed, documented assignment or documented inheritance for your property. You must be able to establish a complete chain of title leading up to you as the current owner of the property. You will need certified copies of your proof documents from the county clerk's office in the county where your property is located.

Put the Land Description of Your Property in Land Patent Format

The country clerk's written description of your land may be in any of a variety of formats. To obtain allodial title, convert the description into STRf, meaning section, township and range format. This is the best legal description of your property. You may need a real estate attorney to help you with this step.

Acquire a Copy of the Land Patent for Your Land

Take the legal description of your land to the Bureau of Land Management. Ask for the Land Patent Records office. Show them your property description and proof of ownership, and request a certified copy of the land patent.

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Fill Out a Declaration of Acceptance of Land Patent

This is a legal form, which you obtain for free from your county courthouse. Fill out this form completely, using the documentation you have gathered to answer any questions about your ownership of the property. Sign this form in front of a notary public.

File Your Land Patent

File your declaration form -- along with certified copies of your warranty deed, quit claim deed or any other proof of your right to the land -- and a certified copy of the land patent. File this set of documents in the Clerk and Recorder's office where the county land records are kept.

File a Public Notice

Place a public notice of your acceptance of the land patent in your local newspaper. Obtain a copy of the newspaper and keep the page with your notice on it, including the date, in a file that is safe from fire or water damage.

Post a Certified Copy of Your Documents at the County Courhouse

Find the "public notices" bulletin board at your county courthouse. Post certified copies of your proof of ownership, declaration of acceptance of land patent and the land patent itself on this bulletin board. You may want to photograph your posting to have visual proof of your action.